For a small business owner, your top competitive advantage is being able to stand out. That includes your intellectual property, ranging from copyrights and trademarks to patents for both designs and processes. What if someone is using your trademark for their business? For example, what if another company springs up with a very similar company logo? Here are some of the things you will need in order to win a trademark lawsuit.
- Proof that the trademark belongs to you – Hopefully, you properly filed all of the paperwork necessary for the trademark. If so, then there is no question that you (or the business, depending on how things are structured) owns the trademark in question.
- The date of the trademark – You need to compare the date you filed the trademark with when the other business started using it. If it turns out they also filed and have an earlier date, you could be opening up your company to a lawsuit by drawing attention to the issue.
- Your company needs to be similar – If the company using a similar graphic or slogan is in a different industry, it really doesn’t damage your business at all. Trademark lawsuits are easiest to win when it is a direct competitor that is using your trademark, perhaps even trying to represent themselves as being related to your business to feed off your good reputation.
Get Help to Protect Your Company’s IP
Pokala Law APC has the experience you want in your corner when protecting your IP or going to court over IP theft. Give us a call today at 1.844.695,1487 to learn more about our legal services for small businesses. You can also request an appointment here.